A Guide to New Jersey Multilingual Learners (MLs) Programs
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N.J.A.C. 6A:15 (New Jersey's Bilingual Education Administrative Code) defines kindergarten to grade 12 language instruction educational programs (LIEP) for New Jersey school districts with MLs. LIEPs are divided into three categories (see below). Districts with small ML populations are required to provide either English Language Services (ELS) or English as a Second Language (ESL) programs depending on ML population size. Districts with ML populations of 20 or more students in any single language group are required to provide full-time bilingual programs for MLs in that language group. These districts can request a waiver for any specific grade level(s) to provide a part-time alternative program if it is impractical to offer a full-time program due to age range, grade span, and/or geographic location of MLs.
Things to Consider for Students in All Program Types:
- MLs with lower English language proficiency (ELP) may need more program services than higher ELP students.
- Various ELS/ESL/bilingual program models including co-teaching, small-group work, and pull-out programs may be used for instruction.
- ESL programs must have a board-approved curriculum aligned with the WIDA English Language Development Standards and must support MLs' ability to access the content and language of their subject-area classes.
Implementing English Language Learner Program Services in New Jersey: This document describes the allowable English language services as per the Bilingual Education Code.
*ESL is always a component of alternative and full-time programs
English Language Services (ELS)
Requirements:
- For school districts with fewer than 10 MLs
- Services must be designed to improve English reading, writing, speaking and listening for MLs
- Additional to the regular school program and taught by a certified teacher (any instructional certificate)
Example: A school district with eight MLs provides approximately 90 to 100 minutes weekly of ELS instruction taught by a certified basic skills teacher.
English as a Second Language (ESL)
Requirements:
- For district populations with 10 or more MLs but fewer than 20 MLs in a single language group
- MLs need to be provided at least one period of instruction every day by a certified ESL teacher (A period is the time allocated in the school schedule for instruction in core subjects)
- Services must be designed to improve English reading, writing, speaking, and listening
Note: All bilingual education programs must include a minimum of one period of ESL daily.
Example:
A school district with 15 Spanish-speaking mLs and 10 Gujarati-speaking MLs provides one period of ESL instruction daily.
Sheltered Instruction
Requirements:
- For districts with 20 or more MLs of a single language group.
- District must have received a bilingual education waiver for this program type from the New Jersey Department of Education (NJDOE)
- Teachers in Sheltered Instruction classes must be content-certified teachers who have received training on strategies to make subject-area content rigorous, culturally relevant, and comprehensible for MLs
- MLs need to be provided at least one period of instruction every day by a certified ESL teacher (A period is the time allocated in the school schedule for instruction in core subjects)
- A parent advisory committee must be established so that parents can provide input about ML programs
Example:
A school district with 24 Spanish-speaking MLs provides one period of ESL instruction every day. All content teachers who work with MLs have been trained with at least 15 hours of sheltered instruction strategies, and bilingual instructional assistants work in grades with high concentrations of MLs.
High-Intensity English as a Second Language
Requirements:
- For districts with 20 or more MLs of a single language group
- District must have received a bilingual education waiver for this program type from the NJDOE
- MLs need to be provided at least two periods of instruction every day by a certified ESL teacher (A period is the time allocated in the school schedule for instruction in core subjects)
- One period is the standard ESL class, and the other period is an ESL tutorial or ESL reading class
- A parent advisory committee must be established so that parents can provide input about ML programs
Example:
A school district with approximately 25 bilingual Spanish students and three ESL teachers offers high-intensity ESL. Students receive two class periods of ESL instruction. The ESL teachers provide a period of push-in instruction for content classes and daily, pull-out, ESL reading classes. Content area teachers receive district-provided ML professional development.
Bilingual Tutorial
Requirements:
- For districts with 20 or more MLs of a single language group
- District must have received a bilingual education waiver for this program type from the New Jersey Department of Education (NJDOE)
- One period of instruction from a certified bilingual teacher in a content area required for graduation and a second period of tutoring in other required content areas
- A parent advisory committee must be established so that parents can provide input about ML programs
- Students enrolled in a bilingual program receive instruction from bilingual teachers who are certified in bilingual education and the content area of the classes.
- MLs need to be provided at least one period of instruction every day by a certified ESL teacher. (A period is the time allocated in the school schedule for instruction in core subjects.)
Example:
An elementary district with approximately 40 Haitian-Creole-speaking MLs and two bilingual-certified teachers offers a bilingual science and language arts tutorial class during group work in the respective subjects. Students also receive at least one period of ESL daily.
Bilingual Resource
Requirements:
- For districts with 20 or more MLs of a single language group
- District must have received a bilingual education waiver for this program type from the NJDOE
- Bilingual Resource is an instructional alternative in which students receive, on an individual basis, daily instruction from a certified bilingual teacher in identified subjects and with specific assignments
- A parent advisory committee must be established so that parents can provide input about ML programs
- ELLs need to be provided at least one period of instruction every day by a certified ESL teacher (A period is the time allocated in the school schedule for instruction in core subjects)
Example:
A school district with approximately 30 Spanish-speaking MLs, 30 Portuguese-speaking MLs and two bilingual-certified teachers offers a part-time, pull-out bilingual resource program. Students receive a minimum of one period of daily bilingual reading and writing instruction from the bilingual teacher in addition to their regular ESL instruction.
Bilingual Part-Time Programs
Requirements:
- For districts with 20 or more MLs of a single language group
- District must have received a bilingual education waiver for this program type from the NJDOE
- A program alternative in which students are assigned to mainstream English program classes but are scheduled daily for their developmental reading and mathematics instruction with a certified bilingual teacher
- A parent advisory committee must be established so that parents can provide input about ML programs
- MLs need to be provided at least one period of instruction every day by a certified ESL teacher (A period is the time allocated in the school schedule for instruction in core subjects)
Example:
A school district with approximately 35 Haitian-Creole-speaking MLs and two bilingual-certified teachers offers two periods-per-day of bilingual reading and mathematics instruction. Students also receive at least one period of ESL daily.
Requirements:
- For districts with 20 or more MLs of a single language group
- Full-time program of instruction in all courses or subjects that a child is required by law or rule to receive
- Instruction in speaking, listening, reading, and writing of the native language of MLs
- Instruction in speaking, listening, reading, and writing in English
- A parent advisory committee must be established so that parents can provide input about ML programs
- MLs need to be provided at least one period of instruction every day by a certified ESL teacher (A period is the time allocated in the school schedule for instruction in core subjects)
Example:
A school district with 500 Spanish-speaking MLs and 45 bilingual-certified teachers offers a self-contained program (all core content areas) for grades K-5 and a departmentalized program (all core content areas) for grades 6-12. All courses or subjects that a child is required by law or rule to receive, given in the native language of MLs enrolled in the program and also in English; in the aural comprehension, speaking, reading, and writing of the native language of MLs enrolled in the program, and in the aural comprehension, speaking, reading, and writing of English; and in the history and culture of the country, territory, or geographic area that is the native land of the parents of MLs enrolled in the program, and in the history and culture of the United States.
Dual Language (Two-Way Immersion)
Requirements:
- A full-time program of instruction in elementary and secondary schools that provides English language instruction and instruction in a second language (the native language of enrolled MLs) in all core content areas
- For approximately equal numbers of MLs and native-English speaking students
- Designed to help students achieve proficiency in English and in a second language while mastering subject-matter skills
- Provisions may be made for the coordination of instruction and services with the school district's world languages program
- MLs must be provided at least one period of instruction every day by a certified ESL teacher (A period is the time allocated in the school schedule for instruction in core subjects)
- A parent advisory committee must be established so that parents can provide input about ML programs
Example:
MLs who speak Spanish at home are placed in classes with students who speak English at home. All content classes are taught in both English and Spanish, and students from both language backgrounds become biliterate in English and Spanish.
- Grading Guidance
- Below is a sample grading recommendation. This document helps teachers as they navigate the difficult task of assigning letter grades to MLs whose work is being modified.
This is a checklist of recommendations for supervisors, coordinators, and directors to review. The checklist will help guide you as you begin the school year. These recommendations are not all mandated , but they do reflect best practices for supervisors, coordinators, and directors of ML programs.
- Review ACCESS for ELLs to ensure that your district is ready for ACCESS for ELLs.0 related training and technology requirements. All students identified as MLs, including students whose parents refuse services, must be annually assessed for English language proficiency progress using the ACCESS for ELLs assessment
- Review and prepare for the ACCESS Administration Dates.
- Review home language surveys received during the summer and administer a state approved language proficiency test with new students.
- Send ACCESS for ELLs reports and translations to parents/guardians
- Send entrance/exit/continuance letters to parents/guardians.
- Sign up for Bilingual/ESL NJDOE Workshops
- Review the Bilingual Education Administrative Code and the OCR and DOJ Dear Colleagues Letter to confirm that your district is in compliance
- Ensure MLs receive ESL instruction during state assessment administration periods
- Administer ACCESS for ELLs to all MLs, including MLs whose parents/guardians refused services
- Work with the district web administrator to update the "Bilingual/ESL/ELS Point of Contact" on the CDS system
- A Three-Year Program Plan must be submitted every three years by each district that enrolls at least one ML. The plan should reflect program implementation for the next three years.
- A Bilingual Waiver must be submitted annually via Homeroom by any district that is requesting a waiver from implementing a full-time bilingual program for any ML populations of 20 or more in a single language. Data should reflect numbers for the upcoming school year.
- Administrators should ensure that when developing master schedules, MLs are not prohibited from having access to a range of courses, including Gifted and Talented, Electives/Specials, IB and AP courses, labs, etc. Note: English language proficiency may not be used as a reason to prohibit an ML from accessing these courses.
- All MLs must receive English as a Second Language (ESL) services at least one period per day.
- In a full-time bilingual program for Spanish speakers, for example, Spanish language arts is required.
Specific ML Populations
- Special Education – According to N.J.A.C. 6A:14-3.5(b),"In making a determination of eligibility for special education and related services, a student shall not be determined eligible if the determinant factor is due to a lack of instruction in reading, including the essential components of reading instruction, or math or due to limited English proficiency." Also, N.J.A.C. 6A:14-3.7(c)5 requires that when developing an IEP for an ML, the IEP team consider the language needs of the student as related to the IEP.
- Multilingual Learners (MLs) and Special Education Questions and Answers
- Students with Interrupted Formal Education (SIFEs) – School enrollment staff, counselors, and teachers should be aware of age/grade-level parameters to ensure students are not placed in a grade level far below their age; thereby minimizing the student’s ability to meet grade-level standards and graduation requirements within a reasonable amount of time. It would be inappropriate for a high-school aged student to be placed in middle school.
- Displaced students due to emergency circumstances may arrive without formal transcripts and/or other documentation to enroll into school. All schools must enroll students immediately without prejudice. For more information, see Enrollment for Newcomers and High School Students Displaced Due to Emergency Circumstances.
- Undocumented Students – New Jersey Administrative Code (N.J.A.C. 6A:22-3.3) prohibits the barring of any student from public elementary and secondary schools on the basis of immigration/visa status. Schools may not ask students or their families any information that may disclose their immigration status.
- Title III and Immigrant funds are entitlement grants; these grants provide funds to LEAs based on a formula, prescribed in legislation or regulation. The formula is usually based on such factors as population, enrollment, per capita income, or a specific need.
- Title III and Immigrant funds may be used for expenses that are supplemental to state requirements, including civil rights obligations under Title VI.
- The district’s ESEA application and the amount of funds a school district receives under ESEA, including Title I-A, Title II-A, Title III, Title III-Immigrant, and Title IV can be viewed on the EWEG system in Homeroom.
- Staff knowledge and input regarding the ESEA Consolidated Application and allocation process can help advocate for ML services. The Application must include outcomes from a comprehensive needs assessment process conducted throughout the school year.
- Title I funds may be used in coordination with Title III funds to support MLs.
- Special Education – According to N.J.A.C. 6A:14-3.5(b),"In making a determination of eligibility for special education and related services, a student shall not be determined eligible if the determinant factor is due to a lack of instruction in reading, including the essential components of reading instruction, or math or due to limited English proficiency." Also, N.J.A.C. 6A:14-3.7(c)5 requires that when developing an IEP for an ML, the IEP team consider the language needs of the student as related to the IEP.
- Multilingual Learners (MLs) and Special Education Questions and Answers
- Students with Interrupted Formal Education (SIFEs) – School enrollment staff, counselors, and teachers should be aware of age/grade-level parameters to ensure students are not placed in a grade level far below their age; thereby minimizing the student’s ability to meet grade-level standards and graduation requirements within a reasonable amount of time. It would be inappropriate for a high-school aged student to be placed in middle school.
- Displaced students due to emergency circumstances may arrive without formal transcripts and/or other documentation to enroll into school. All schools must enroll students immediately without prejudice. For more information, see Enrollment for Newcomers and High School Students Displaced Due to Emergency Circumstances.
- Undocumented Students – New Jersey Administrative Code (N.J.A.C. 6A:22-3.3) prohibits the barring of any student from public elementary and secondary schools on the basis of immigration/visa status. Schools may not ask students or their families any information that may disclose their immigration status.